Lieber Code - Knowledge

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peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the Army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God.

153: 20: 618: 569: 202:(1862), which disallowed a soldier's POW-status to Confederate guerrillas and irregular fighters with three functional disqualifications: (i) guerrillas do not wear the army uniform of a belligerent party to the war; (ii) guerrillas have no formal chain of command, like a regular army unit; and (iii) guerrillas cannot take prisoners, as could an army unit. 539:

killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. A soldier, officer, or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior."

734:(February 4, 1899 – July 2, 1902). The Lieber Code was the military law then applied for courts martial of American military personnel, and for litigation against the Filipino natives and against the Filipino revolutionaries fighting the U.S. occupation of the Philippine Islands; e.g. the unlawful concentration camps of General 538:

as warfare; thus Article 44, Section II prohibits "all wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or

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At the end of 1862, General Halleck and War Secretary Stanton commissioned Lieber to revise the military law of the 1806 Articles of War to include the practical considerations of military necessity and the humanitarian needs of civilian populations under military occupation. The editorial-revision

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In the 19th century, the Lieber Code legalized limited circumstances for retaliation against enemies for acts such as giving no quarter, reasoning "a reckless enemy ... leaves to his opponent no other means of securing himself against the repetition of barbarous outrage." (article 27) "Retaliation

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would treat captured black soldiers of the Union Army as escaped slaves, and not as prisoners of war, subject either to summary execution or to re-enslavement in the Confederacy; likewise, the white officers commanding the captured black soldiers would be denied prisoner-of-war status and would be

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Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of

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Regarding a successful military occupation, the Lieber Code proposed a reciprocal relationship between the U.S. military authority and the Confederate civilian population, whose co-operation with the military authority would ensure considerations and good treatment for the civilian populace; that

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Military necessity does not admit of cruelty – that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a

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in the South, from which he departed for New York City in 1857. In 1860, Professor Lieber taught history and political science at the Columbia Law School, and publicly lectured about the "Laws and Usages of War" proposing that the laws of war correspond to a legitimate purpose for the war.

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Gen. Henry W. Halleck commissioned the jurist Franz Lieber, LL.D., to modernize the military law of the 1806 Articles of War into General Orders No. 100 (1863), the Lieber Code, for the Union Army to fight the guerrilla warfare of the Confederacy during the American Civil War

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The jurist Franz Lieber, LL.D., modernized the military law of the 1806 Articles of War into the Lieber Code (General Orders No. 100, April 24, 1863) for the Union Army to legitimately prosecute the civil war (1861–1865) begun by the Confederate States of

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However, retribution is limited: "Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages."(article 28)

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molest our march, or should the inhabitants burn bridges, obstruct roads, or otherwise manifest local hostility, then army commanders should order and enforce a devastation more or less relentless according to the measure of such hostility."

531:, Article 70, Section III stipulates that "the use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war." 273:

Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of

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Halleck commissioned Professor Lieber to write military laws specific to the modern warfare of the American Civil War. For the Union Army's management and disposal of irregular fighters (guerrillas, spies, saboteurs,

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did not address the management and disposition of prisoners of war and irregular fighters; nor the management and safe disposition of escaped black slaves – who were not to be repatriated to the Confederacy, per the

319:, and explains the politico-military purposes of war; explains what are the permissible and the impermissible military means an army can employ to fight and win a war; and defines and describes the nature of the 555:, specifically the Confederate Army denying them the rights and privileges of prisoners of war. Those stipulations of U.S. military law specifically addressed the Confederate government's proclamation that the 609:. To that end, the Lieber Code legitimized and justified aggressive war to expand the operational range of the Union Army’s prosecution of the civil war to conquer the Confederacy and free the slaves. 605:

As he believed war's ultimate goal is to bring peace, Lieber preferred for short wars fought and won with decisive warfare, as proposed in the strategy and tactics of the Prussian military science of

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of the state of Georgia, Special Field Order No. 120 stipulated that "in districts and neighborhoods where the army is unmolested no destruction of such property should be permitted; but, should

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district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult.

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used the Lieber Code (General Orders No. 100, April 24, 1863) as a basis for their legislation of the international law of war and the codification (definition and description) of what is a

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of the 1806 Articles of War (An Act for Establishing Rules and Articles for the Government of the Armies of the United States), the Lieber Code defines and describes what is a state of

254:, and prisoners of war. In the field practice of military justice, the unit commander held authority for any prosecution under the Lieber Code, which command authority included the 222:, requested from Lieber comprehensive military laws to govern the Union Army's prosecution of the Civil War. Gen. Halleck edited Lieber's military law to concur with the 362: 1483: 258:

of Confederate prisoners of war and war-criminal soldiers of the Union Army. In the context of the American Civil War, the Lieber Code explains the concepts of

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In fighting the Confederate Army, guerrillas, and civilian collaborators of the Confederacy, Union Army soldiers and officers faced ethical dilemmas of

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shall only be resorted to after careful inquiry into the real occurrence, and the character of the misdeeds that may demand retribution."(article 28)

299:, which restated and codified the practical particulars of that U.S. military law for application to international war among the signatory countries. 357: 633:

based his Special Field Orders No. 120 (November 9, 1864) upon General Orders No. 100 (April 24, 1863) for the Union Army. To realize a peaceful

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Vergerio, Claire (2022). "The Berlin and Hague Conferences". In Bukovanski, Mlada; Keene, Edward; Reus-Smit, Christian; Spanu, Maja (eds.).

723: 190: 690:(29 April 1946 – 12 November 1948) the jurists determined that, by the year 1939, most governments in the world knew of the existence the 1468: 238:

For the Union Army's prosecution of the American Civil War, General Order No. 100 (April 24, 1863) concerns the practical particulars of

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Moreover, to defend against the Confederate Army's violations of the laws of war by way of irregular fighters, the Lieber Code allowed

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and for equal prisoner-of-war exchanges between the Union Army and the Confederate Army, regardless of the skin color of the soldier.

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The Code requires the humane, ethical treatment of civil populations under the military occupation of the Union Army, and forbids the

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Carnahan, Burrus M. (2012). "The Civil War Origins of the Modern Rules of War: Francis Lieber and Lincoln's General Order No. 100".

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Birtle, Andrew J. (April 1997). "The U.S. Army's Pacification of Marinduque, Philippine Islands, April 1900 – April 1901".

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During that time, Lieber had three sons who fought in the American Civil War (April 12, 1861 – May 26, 1865): one in the

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by musketry against Confederate POWs, and allowed the summary execution of captured enemy civilians (spies, saboteurs,

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Moreover, the Lieber Code (General Orders No. 100, April 24, 1863) was the military law applied to the prosecution of

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for war crimes and crimes against humanity; and the military responsibilities of the Union soldier fighting in the

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articles 27, 28, and 29, Section I: "Martial Law—Military Jurisdiction—Military Necessity—Retaliation",

111:, Lieber opposed slavery in principle and in practice because he had witnessed the brutalities of black 783: 503: 483: 1290: 1478: 1030: 1006:

given the power to execute a soldier immediately if that person committed one of the prohibited acts.

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The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies

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The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies

630: 428: 296: 131:. Later in 1862, in St. Louis, Missouri, while searching for the Union-soldier son wounded at the 1473: 1458: 423: 132: 226:(1 January 1863), and, on April 24, 1863, President Lincoln promulgated General Orders No. 100, 778: 675: 167: 45: 496: 219: 135:(February 11–16, 1862), Lieber asked the help of his professional acquaintance Major General 560:

arrested, tried, and condemned as common criminals for helping slaves escape human bondage.

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the Union Army would subject the insubordinate enemy civilians to imprisonment and death.

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Article 77, Section III: Deserters—Prisoners of war—Hostages—Booty on the Battle-field,

143:(1861), a book of political philosophy that emphasized legal correspondence between the 1209: 1087: 418: 247: 215: 49: 1424:

Gesley, Jenny, "The 'Lieber Code' – the First Modern Codification of the Laws of War"

1409: 1381: 1349: 1327: 1312: 1217:. Washington, DC: Office of General Counsel, Department of Defense. 2015. p. iii 910: 804: 255: 211: 171: 67:, a German lawyer, political philosopher, and combat veteran of the Napoleonic Wars. 1146: 287:

In the late 19th century, the Lieber Code was the first modern codification of both

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International Law, or, Rules Regulating the Intercourse of States in Peace and War

1375: 699: 178: 107:, in the southern region of United States of America. Although not personally an 92: 1413: 953: